The Truth Commission

Highlights:
• Truth Commission will just investigate, not prosecute
• Powers limited to recommendation for prosecution
• It will have a life-span of two and half years. Up to Dec. 2012
• Scope of work: reports of graft and corruption during the previous administration . Meaning the administration of Gloria Arroyo.
• The Commission will decide which cases to investigate

House Minority Leader Edcel Lagman of the Arroyo-led Lakas-Kampi-CMD party said in a statement on Saturday that their bloc is “seriously considering” challenging the constitutionality of Executive Order No. 1 before the courts.

WHEREAS, Article XI, Section 1 of the 1987 Constitution of the Philippines solemnly enshrines the principle that a public office is a public trust and mandates that public officers and employees, who are servants of the people, must at all times be accountable to the latter, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives;
WHEREAS, corruption is among the most despicable acts of defiance of this principle and notorious violation of this mandate;

WHEREAS, corruption is an evil and scourge which seriously affects the political, economic, and social life of a nation; in a very special way it inflicts untold misfortune and misery on the poor, the marginalized and underprivileged sector of society;

WHEREAS, corruption in the Philippines has reached very alarming levels, and undermined the people’s trust and confidence in the Government and its institutions;
WHEREAS, there is an urgent call for the determination of the truth regarding certain reports of large scale graft and corruption in the government and to put a closure to them by the filing of the appropriate cases against those involved, if warranted, and to deter others from committing the evil, restore the people’s faith and confidence in the Government and in their public servants;

WHEREAS, the President’s battlecry during his campaign for the Presidency in the last elections “kung walang corrupt, walang mahirap” expresses a solemn pledge that if elected, he would end corruption and the evil it breeds;

WHEREAS, there is a need for a separate body dedicated solely to investigating and finding out the truth concerning the reported cases of graft and corruption during the previous administration, and which will recommend the prosecution of the offenders and secure justice for all;

WHEREAS, Book III, Chapter 10, Section 31 of Executive Order No. 292, otherwise know as the Revised Administrative Code of the Philippines, gives the President the continuing authority to reorganize the Office of the President.

NOW, THEREFORE, I, BENIGNO SIMEON AQUINO III, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Creation of a Commission. – There is hereby created the PHILIPPINE TRUTH COMMISSION, hereinafter referred to as the “COMMISSION”, which shall primarily seek and find the truth on, and toward this end, investigate reports of graft and corruption of such scale and magnitude that shock and offend the moral and ethical sensibilities of the people, committed by public officers and employees, their co-principals, accomplices and accessories from the private sector, if any, during the previous administration; and thereafter recommend the appropriate action or measure to be taken thereon to ensure that the full measure of justice shall be served without fear or favor.

The Commission shall be composed of a Chairman and four (4) members who will act as an independent collegial body.

SECTION 2. Powers and Functions. – The Commission, which shall have all the powers of an investigative body under Section 37, Chapter 9, Book I of the Administrative Code of 1987, is primarily tasked to conduct a thorough fact-finding investigation of reported cases of graft and corruption referred to in Section 1, involving third level public officers and higher, their co-principals, accomplices and accessories from the private sector, if any, during the previous administration and thereafter submit its finding and recommendations to the President, Congress and the Ombudsman. In particular, it shall:

a) Identify and determine the reported cases of such graft and corruption which it will investigate;

b) Collect, receive, review and evaluate evidence related to or regarding the cases of large scale corruption which it has chosen to investigate, and to this end require any agency, official or employee of the Executive Branch, including government-owned or controlled corporations, to produce documents, books, records and other papers;

c) Upon proper request or representation, obtain information and documents from the Senate and the House of Representatives records of investigations conducted by committees thereof relating to matters or subjects being investigated by the Commission;

d) Upon proper request and representation, obtain information from the courts, including the Sandiganbayan and the Office of the Court Administrator, information or documents in respect to corruption cases filed with the Sandiganbayan or the regular courts, as the case may be;

e) Invite or subpoena witnesses and take their testimonies and for that purpose, administer oaths or affirmations as the case may be;

f) Recommend, in cases where there is a need to utilize any person as a state witness to ensure that the ends of justice be fully served, that such person who qualifies as a state witness under the Revised Rules of Court of the Philippines be admitted for that purpose;

g) Turn over from time to time, for expeditious prosecution, to the appropriate prosecutorial authorities, by means of a special or interim report and recommendation, all evidence on corruption of public officers and employees and their private sector co-principals, accomplices or accessories, if any, when in the course of its investigation the Commission finds that there is reasonable ground to believe that they are liable for graft and corruption under pertinent applicable laws;

h) Call upon any government investigative or prosecutorial agency such as the Department of Justice or any of the agencies under it, and the Presidential Anti-Graft Commission, for such assistance and cooperation as it may require in the discharge of its functions and duties;

i) Engage or contract the services of resource persons, professionals and other personnel determined by it as necessary to carry out its mandate;

j) Promulgate its rules and regulations or rules of procedure it deems necessary to effectively and efficiently carry out the objectives of this Administrative Order and to ensure the orderly conduct of its investigations, proceedings and hearings, including the presentation of evidence;

k) Exercise such other acts incident to or are appropriate and necessary in connection with the objectives and purposes of this Order.

SECTION 3. Staffing Requirements. – The Commission shall be assisted by such assistants and personnel as may be necessary to enable it to perform its functions, and shall formulate and establish its organizational structure and staffing pattern composed of such administrative and technical personnel as it may deem necessary to efficiently and effectively carry out its functions and duties prescribed herein, subject to the approval of the Department of Budget and Management. The officials of the Commission shall in particular include, but not limited to, the following:

1. General Counsel
2. Deputy General Counsel
3. Special Counsel
4. Clerk of the Commission

SECTION 4. Detail of Employees. – The President, upon recommendation of the Commission, shall detail such public officers or personnel from other departments or agencies which may be required by the Commission. The detailed officers and personnel may be paid honoraria and/or allowances as may be authorized by law, subject to pertinent accounting and auditing rules and procedures.

SECTION 5. Engagement of Experts. – The Truth Commission shall have the power to engage the services of experts as consultants or advisers as it may deem necessary to accomplish its mission.

SECTION 6. Conduct of Proceedings. – The proceedings of the Commission shall be in accordance with the rules promulgated by the Commission. Hearings or proceedings of the Commission shall be open to the public. However, the Commission, motu propio, or upon the request of the person testifying, hold an executive or closed-door hearing where matters of national security or public safety are involved or when the personal safety of the witness warrants the holding of such executive or closed-door hearing. The Commission shall provide the rules for such hearing.

SECTION 7. Right to Counsel of Witnesses/Resource Persons. – Any person called to testify before the Commission shall have the right to counsel at any stage of the proceedings.

SECTION 8. Protection of Witnesses/Resource Persons. – The Commission shall always seek to assure the safety of the persons called to testify and, if necessary make arrangements to secure the assistance and cooperation of the Philippine National Police and other appropriate government agencies.

SECTION 9. Refusal to Obey Subpoena, Take Oath or Give Testimony. – Any government official or personnel who, without lawful excuse, fails to appear upon subpoena issued by the Commission or who, appearing before the Commission refuses to take oath or affirmation, give testimony or produce documents for inspection, when required, shall be subject to administrative disciplinary action. Any private person who does the same may be dealt with in accordance with law.

SECTION 10. Duty to Extend Assistance to the Commission. – The departments, bureaus, offices, agencies or instrumentalities of the Government, including government-owned and controlled corporations, are hereby directed to extend such assistance and cooperation as the Commission may need in the exercise of its powers, execution of its functions and discharge of its duties and responsibilities with the end in view of accomplishing its mandate. Refusal to extend such assistance or cooperation for no valid or justifiable reason or adequate cause shall constitute a ground for disciplinary action against the refusing official or personnel.

SECTION 11. Budget for the Commission. – The Office of the President shall provide the necessary funds for the Commission to ensure that it can exercise its powers, execute its functions, and perform its duties and responsibilities as effectively, efficiently, and expeditiously as possible.

SECTION 12. Office. – The Commission may avail itself of such office space which may be available in government buildings accessible to the public space after coordination with the department or agencies in control of said building or, if not available, lease such space as it may require from private owners.

SECTION 13. Furniture/Equipment. – The Commission shall also be entitled to use such equipment or furniture from the Office of the President which are available. In the absence thereof, it may request for the purchase of such furniture or equipment by the Office of the President.

SECTION 14. Term of the Commission. – The Commission shall accomplish its mission on or before December 31, 2012.

SECTION 15. Publication of Final Report. – On or before December 31, 2012, the Commission shall render a comprehensive final report which shall be published upon directive of the President. Prior thereto, also upon directive of the President, the Commission may publish such special interim reports it may issue from time to time.

SECTION 16. Transfer of Records and Facilities of the Commission. – Upon the completion of its work, the records of the Commission as well as its equipment, furniture and other properties it may have acquired shall be returned to the Office of the President.

SECTION 17. Special Provision Concerning Mandate. If and when in the judgment of the President there is a need to expand the mandate of the Commission as defined in Section 1 hereof to include the investigation of cases and instances of graft and corruption during the prior administrations, such mandate may be so extended accordingly by way of a supplemental Executive Order.

SECTION 18. Separability Clause. If any provision of this Order is declared unconstitutional, the same shall not affect the validity and effectivity of the other provisions hereof.

what’s in the name? truth commission or judicial inquiry, for prosecution or legislative measures, if given the chance to work Will Work. But looking for the truth in an investigation that may end up in Criminal Prosecution is the hardest thing to do…witnesses will Lie, knowing that telling the Truth may jeopardize themselves, one will start putting down others to save his own and who will can tell what is the Truth?

I would have rather see a blameless inquiry, after a criminal investigation tasked to the people trained to do, the Police authorities or in parrallel investigation, one that will not jeopardize the conduct of the Inquiry. to be effective in its quest, any truth commission or inquiry
will be mandated that to protect its resource individuals that all Testimonies heard or given during the conduct of Inquiry can not and will not be Used for any other Purpose,otherwise it will not be an Inquiry, but a Prosecuting commission (evidence could be used for later prosecution) and it is very Divisive…

parasabayan - July 31, 2010 5:40 am

This is why it is very important for the key government positions to be rid of those who were placed by the midget. These public officials had first hand info on how funds and resources were spent and may even be a part of the scam. I would like thie members of this commission to have lifestyle check first. The midget is known to pay everyone who would do the dirty work for her. Ingat lang ang mga members ng Toothless commission.

I also recommend that documents submitted to this committee should have several copies so in case the midget’s brigade torches the office, documents can easily be reproduced. The midget had a lot of loot. Virtually all the projects of the government, her piggy hubby and the piglet sons had a %. Kaya deep pocketed yang mga yan. They can just pay off the members of the commission so the midget will be cleared.

parasabayan - July 31, 2010 5:47 am

Vic, nothing in “divisive” in search for the truth. Kaya lang may duda akong malaki sa namumuno ng commission. How do we expect a commission to function well when the leader of the group has been tainted by the prior administration. Mas gusto ko pa na under the DOJ na lang ang commission na ito. I can trust de Lima but I can not trust “DIVIDE”. His name alone is already divisive. I can not see this toothless commission functioning like it should under the “DIVIDE”. Sorry.

section 2: e) Invite or subpoena witnesses and take their testimonies and for that purpose, administer oaths or affirmations as the case may be;

Truth Commission can subpoena witnesses, contrary to what other say.

Only the Truth could set the nation free, from 9 years of being chained to lies and impunity!

Mabuhay! This is a historic step towards genuine reforms and good governance!
P.Noy’s parent must be smiling in heaven, and so proud of their only son. In time also for 1st death anniversary of Pres. Cory.

sychitpin - July 31, 2010 9:49 am

The true state of the nation as exposed by P.Noy will enable his present gov’t to address the problem correctly.

Unlike previous gma adminstration, who covered up lies and anomalies with more lies and more anomalies.

Kick out Merceditas Gutierrez, comelec commissioner Ferrer and all corrupt public officials. They are still living with lies and impunity. Those rotten termites have no place in P.Noy’s honest administration.

saxnviolins - July 31, 2010 10:10 am

Section 2 e refers to Section 37 of the Administrative Code of Cory. That EO was law, since at that time, she had legislative powers. The authority to take testimony referred to in Section 37, refers to that conferred by that Code, or law. It also refers to bodies created under that EO, which is law.

The EO of Noy does not fall under that category.

The authority to administer oaths is generally conferred by law, like Cory’s EO. I have my doubts about Noy’s EO conferring the authority to administer oaths, on the Commission.

What I see here is that the legality of the subpoena to be served will be challenged before the court. They will cite Joker Arroyo’s statement that the TC has legal infirmities.

Tingnan at abangan natin ang susunod na mga kabanata. At least, the life of the TC is only two and a half years. I was batting for 3 years provided it should be created thru Congress approval to give it more teeth rather than be called a Toothless Commission.

SNV, I would like to think that it’s Davide himself who authored the formulation of the Truth Commission. With the help of a battery of legal luminaries, I suppose.

Almost always, when an office is to be created, the designated head will be given the assignment to attend to it. I was wondering nga why it took them one month. I had an opportunity to be with a group who worked for a creation of a government office and it took us only a week to finalize it with the able guidance and assistance of DBM and Civil Service Commission.

Its out in the open already, the SONA turned the issues into a national concern, not just rumors in the barbershops.
The solons who try to block this will really have thick skins, of course, there will also be others who would clamor for a “move on” to other priorities like “people getting hungry” etc, the country is left behind in economic standing by neighboring countries…I believe that if we really want closure, the ball is in the hands of the people. Pnoy has set the tone with his “mahiya na lang sila,” the way I see it, his hands are tied when it comes to firing these people, so the next ove a manager has is to “asar” na lang until they can’t take it anymore. I hope the people take this cue and relentlessly mount a shame campaign against Gloria and her minions in congress until they cave in to public demand, add Joker Arroyo to the list (pangalan pa lang hindi karapatdapat sa public service).
Maybe its time “ostracism” is used against those who lie, cheat, steal, and tolerate those who do this time around?

Is there a write up about our GOCCs? Has anyone ever investigated them, especially MWSS? Are these corporations profit centers or cost centers?

saxnviolins - July 31, 2010 7:15 pm

The problem is, the Ombudsgirl’s office is independent. And yet, her office has the authority to prosecute for graft and corruption. She may just do what she did for Neri and Abalos – file weak cases based on lesser offenses. That puts double jeopardy into play, and we will not be able to get the Glue and the Fat Slob.

In the case of Bolante and Lorenzo, the cases she filed was for individual offenses. That makes it difficult later on the charge the cheating couple on the basis of conspiracy.

I believe the Commission is given until 2012 to sit out the term of the Ombudsgirl. That way, some new Ombudsman will prosecute the case. Well and good, unless the Omubudsgirl jumps the gun on them as she did with Abalos, Neri, Bolante and Lorenzo. Good luck with developing a theory of conspiracy to get the Glue.

I also have the fear of trojans, like Angara being an executive secretary of Erap. I pray they are better judges of character than the all-too-trusting Erap.

saxnviolins - July 31, 2010 7:20 pm

Yun na nga, right after I post the above, I read about Lagman’s comments. Mukhang telegraphed ang moves.

They should just have quietly created a Task Force within the DOJ. Go after Garci first, and the snatching of returns at the House, because they are not “in relation” to the duties of the officials. That puts both cases out of the ambit of the Ombudsgirl’s jurisdiction.

jawo - July 31, 2010 9:10 pm

Let’s see when they start subpoena-ing witnesses. I’m sure some of them would be refusing to heed the subpoena. Let’s see.———–>Ellen
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Worse, those who are really in the know (who nobody knows one iota who they are) might have already flown out of the country. As usual, when that happens, the bastards are alaways one step ahead and would have beaten the system once again rendering issuance of hold departure orders inutile. Then the commission will be left with a handful of fall-guys whose testimonies are inadmissible shit.

sychitpin - July 31, 2010 11:45 pm

lets just hope and pray that the Truth Commission succeed in putting to jail gma and her gang of thieves, miracles do happen for good causes like this one

Becky - August 1, 2010 12:18 am

When Lacierda was asked about statements from Marine Commander Sabban that they are willing to to tell the truth about Hello Garci, mukhang nagpre-preno si Lacierda.

I hope I did not read it wrong. Are they having second thoughts about including Hello Garci in the Truth Commission investigation?

Today we remember and pay respect to the GOOD MOTHER of the land, Tita Cory!

We also honor all GOOD MOTHERS who raised good individuals like the mother of Pres Obama, Lea Salonga, confucious, mencius,etc… and also condemn all BAD FATHERS like james yap, philip salvador,etc……

florry - August 1, 2010 8:58 am

Much had been said about the Truth Commission but the fact remains that it is a powerless and useless creature and nobody can make it useful and powerful except congress who has the sole power to legislate laws and not through Executive Order.

The made to order “denture or false teeth” that Noynoy put into it by way of EO can not be used to bite and will surely break because it’s loose and doesn’t fit.

But then again, he is the president and has the power and influence; maybe he has a way with things, like turning what looks like a red color into a green one.

“its high time that we be part of the solution, instead of being part of the problem” – sychitpin

Many times I came over that statement or something like that, so will you tell us how can we be a part of the solution, because I know I am not a part of the problem.

Maybe you mean I can be a part of the solution by worshipping and idolizing Noynoy, by believing that he is infallible and a perfect gift to the people from God, be a Yes Man, being silent, no criticism but always showering of praise and believing in everything that he says.

Do you think that if we believe in the effectiveness of the Truth Commission, it will change anything?

Well, my principle is different, I always say things they way I look at it and so far I can’t see something that is worth praising in this government. I know it’s still young and everything are still in drawing stage, but I hope it will not be drawn in the sand.

In any way, I can’t be too disappointed, as Ellen said, my expectations too are not that high.

IMHO, pointing out problems, unforeseen and/or anticipated, is a very big part of the solution. Knowing the real problems would bring them halfway to getting solved.

As most everybody here, we would like to see this government succeed where those before it failed. Having said that, our expectations, however, must remain anchored on what realities on the ground can offer.

This early, I can see that this government is generally on the right track, so far. I have been told by friends back in the Philippines that many are already reacting mindfully by following simple rules, be them on the streets or elsewhere- not because law enforcers are around, but more because of a sense of shame. Ang presidente nga, sumusunod sa batas, nakakahiya namang lumabag tayo.

I was in the Philippine Embassy just a week ago to get an OEC (Overseas Employment Certificate). Asked if my OWWA membership is still valid, I instinctively said, I think I need to pay for my OWWA membership already. I suddenly realized how willing I’d be to pay, just because I know deep in my heart that my hard-earned Dinar, would go where it should. (My OWWA membership turned out to be valid until January 2011. I ended up paying just 750fils for the OEC)

Overall, I feel that this government deserves my trust. I am giving it my trust not because it was asked for… but, because, this government’s leader had demonstrated and continues to demonstrate that power does not always corrupt. Those around him must be reminded, though. My trust will never be the blind kind.

sychitpin - August 1, 2010 5:19 pm

Ka Enchong, i agree with you “that this government is generally on the right track” and “that this government deserves my trust.”

you correctly touched on two very important essence of good governance, 1.) right direction, and 2.) trustworthiness.

from a bogus and corrupt president , the phil now has a duly elected and honest president, that alone is worth praising. Phil has taken a leap of faith from a climate of impunity to an era of hope and righteousness.

nonetheless, it also helps to point out flaws along with praising good actions. nobody is perfect, but as long as good intentions and correct directions are being undertaken, trust would remain

those who only point out shortcomings and overlook positive changes are wittingly or unwittingly being part of the problem

Nakakatuwa naman na after the campaign period, there is general optimism even from those who were initially critical of Noynoy. Kahit guarded optimism, maganda yan. AT least, we have proven, even in this blog, that Pinoy unity isn’t impossible after all.

sychitpin - August 1, 2010 8:29 pm

divergence of views is part of democracy, hopefully it works for greater good instead of benefitting only a few with selfish interest. rampant corruption during gma’s time increased poverty level, unemployment and further damaged nations cultures and traditions. propriety or delicadeza were completely thrown out of the window. Now a bogus pres is sitting as a congresswomen, while his son abused party list system to represent security guards and tricycle drivers. The process of cleansing the rotten system started with P.Noy’s victory. There’s so much house cleaning to do. The job ahead of fighting corruption is urgently necessary and should succeed. Fate made Noynoy president, God is with P.Noy and God will surely help the Good triumph over Evil!

rose - August 1, 2010 8:55 pm

ang sabi nga nila mahirap daw ang unity sa mga Pilipino kasi the Phil. is a group of islands (7,000?) pero hindi ba ang sabi ni Mrs. Marcos noon (and I do agree with her)..”isang bansa, isang diwa”? we can still be united even in our diversity…

Santiago asserted Monday that Congress, not the Palace, has the power to create such bodies.

“Show me where in the Constitution is there a general provision their power to create an office. Show me a law passed by Congress that gives you the power to create agencies!” she told reporters. – ABS-CBN

The legality should really be resolved. P-Noy should not give Arroyo’s allies reason to block his crusade to bring out the truth.

sychitpin - August 3, 2010 12:46 pm

miriam is very afraid of the Truth commission , she is scared to death that the commission will expose the truth that she killed her own son and it was not a suicide as reported in media

“Show me where in the Constitution is there a general provision their power to create an office. Show me a law passed by Congress that gives you the power to create agencies!” she told reporters. – ABS-CBN

Ngakngak na naman si Aling Miriam. Would it have been better if she pointed out a prohibition to create an office in the Constitution, instead? Where the Constitution is silent, nobody can really be sure, unless the Supreme Court rules on the question.

Sa bagay, when Aling Miriam speaks, she sounds more like she’s talking to herself- convincing herself of how intellectually blessed she is.

She’s the same lady who declared that in the event of an Erap victory in 1998, she would jump out of an airplane in midflight, without the benefit of a parachute – only to say “Joke only” later on. Who, in his right mind, would take her pronouncements even with a grain of salt?